Two recent cases involved protracted predictive coding disputes. Digging into those disputes highlights some of the technology’s potential future problems and clarifies those instances and situations in which it may be put to appropriate use.

The efficacy and defensibility of so-called “predictive coding” has been a hot topic in light of Magistrate Judge Andrew Peck stating the he “has approved of the use of computer-assisted review” in Da Silva Moore v. Publicis Groupe, and Magistrate Judge Nan Nolan conducting a still ongoing evidentiary hearing in...